Power of visuals.
"What were your key takeaways from the program? Power of visuals."
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The data is in: our attention spans are getting shorter. Since the invention of the smartphone—and with the proliferation of TikTok, Instagram Reels, and other short-form social media—humans have begun processing information differently than they once did: so much so that their decision making process often follows different neural pathways than it did in the days before the internet.
So what does this mean for the trial lawyer?
First the bad news: the juries you studied in law school simply do not exist anymore. The ways we were taught to advocate do not work. Long, exhaustive statements, and briefs full of heavily cited blocks of text, are relics of a bygone era. Both judges and juries report finding legal writing dull, dry, and tedious (and the same goes for long-winded opening statements and summations). Even as the stakes have gotten higher, far too few trial lawyers have evolved their communication style to meet the needs of the modern courtroom.
Now the good news: while our jurors do not listen and read as they used to, they are more attuned to visual stimulation—and smart attorneys know how to use this to their advantage.
Bill Bailey, trial lawyer and decorated law professor, anticipated this phenomenon in 2011 with his groundbreaking book, Show the Story. His latest book, Show the Brief (2023), builds on this catalog with even more valuable insights into the power of visual advocacy. When attorneys put Bailey’s lessons to use in their legal practice, they unlock the secrets of powerful, persuasive communication.
Discover:
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On Demand Program: 84 Minutes
Original Air Date: 03/08/2023
Overall rating: 4.647059 / 5 from 17 reviews.
Review topics: ["case","ideas","visuals","approach"].
"What were your key takeaways from the program? Power of visuals."
"What were your key takeaways from the program? I didn’t realize that judges appreciate the visual approach in briefs and motions. I had always assumed that most of that was for juries only."
"What were your key takeaways from the program? Use visuals in briefs and make them simple ideas. Which topics did you find least valuable and why? It was all valuable, I just wanted more nuts and bolts for basic personal injury cases ("use this visual to communicate this idea...")"
"What were your key takeaways from the program? Be visual even when you think you may not be able to...find a way to do it. Which topics did you find least valuable and why? Everything was extremely valuable. I wish I had seen this years ago."
"What were your key takeaways from the program? Thank you"
"What were your key takeaways from the program? The importance of visuals for all key points in the courtroom as well as in writings Which topics did you find least valuable and why? All was very good"
"What were your key takeaways from the program? "A message accompanied by a photo is easier to believe." Newman. Visuals improve persuasion by making messages easier to believe and more memorable. They can help tell a story twice without redundancy, improving recall and providing additional information to support the message. Which topics did you find least valuable and why? n/a"
"What were your key takeaways from the program? That words can and should be incorporated into briefs to avoid a sort of rigid, legalistic formula that stands out in the mind of the reader. Which topics did you find least valuable and why? I would say the initial overview of general "issues" was not too helpful."
"What were your key takeaways from the program? visuals are necessary to tell the story Which topics did you find least valuable and why? none"
"What were your key takeaways from the program? Pictures are worth the effort"